Cease And Desist Letters

A cease and desist letter is often the fastest and most cost-effective way to stop harmful conduct — and sometimes the most powerful legal tool a Texas business has before filing a lawsuit. Holmes Law, PLLC drafts and sends cease and desist letters for Houston businesses and individuals, and advises clients who have received one. This page covers what cease and desist letters are used for, when you need an attorney, and what to do if you have received one.

Need a cease and desist letter drafted, or received one you need help responding to? Call Holmes Law, PLLC at (832) 509-0445 for a free consultation.

What Is a Cease and Desist Letter?

A cease and desist letter is a formal written demand that a person or business stop a specific activity immediately and permanently. It is not a court order — it carries no automatic legal authority on its own. Its power comes from what it signals: that the sender has identified a legal violation, has retained legal counsel, and is prepared to escalate to litigation or regulatory action if the conduct continues. In many cases, a well-drafted letter from an attorney resolves the matter without any court involvement.

When Holmes Law Sends Cease and Desist Letters

We draft and send cease and desist letters on behalf of clients in a wide range of situations, including:

Trademark and Brand Infringement

If a competitor is using your business name, logo, or trade dress in a way that is likely to cause consumer confusion, a cease and desist letter puts them on formal notice of your rights under the Lanham Act (15 U.S.C. § 1051 et seq.) and Texas Business and Commerce Code Chapter 16. It creates a record of willful infringement that strengthens any subsequent litigation and may support enhanced damages.

Copyright Infringement

If someone is using your copyrighted content — articles, photos, videos, software, or creative work — without authorization, a cease and desist letter demands immediate removal and cessation of use. For online infringement, we can also coordinate DMCA takedown notices with the cease and desist letter for a two-front approach.

Non-Compete and Non-Disclosure Violations

When a former employee violates a non-compete agreement or discloses confidential information in breach of an NDA, time is critical. A cease and desist letter demands immediate compliance, preserves your legal position, and can support a request for a temporary injunction if the violation continues. Under Texas Business and Commerce Code § 15.50, non-compete agreements in Texas are enforceable if they meet specific requirements — we can assess whether your agreement qualifies and what remedies are available.

Defamation and False Statements

If a competitor, former employee, or third party is making false statements about your business or you personally — in reviews, social media posts, or published content — a cease and desist letter demands retraction and cessation. Under Texas Civil Practice and Remedies Code Chapter 73, defamation claims in Texas require proof of a false statement of fact, publication, fault, and damages. The letter establishes notice and creates a record of the defendant’s knowledge.

Harassment and Unwanted Contact

For individuals or businesses experiencing persistent unwanted contact, threats, or harassment, a cease and desist letter formally notifies the other party that their conduct must stop and that continued behavior will result in legal action under applicable Texas law including Texas Penal Code § 42.07 (harassment).

Contract Violations

When a party to a contract is in breach and continuing to violate the agreement, a cease and desist letter demands immediate compliance, puts them on notice of the breach, and creates a record that strengthens a subsequent breach of contract claim under Texas contract law.

Debt Collection Violations

If a debt collector is using illegal tactics — calling at prohibited times, making false threats, contacting you at work, or using abusive language — a cease and desist letter citing violations of the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) and the Texas Debt Collection Act (Finance Code Chapter 392) demands they stop and puts them on notice of potential statutory damages.

What to Do If You Receive a Cease and Desist Letter

If you have received a cease and desist letter, do not ignore it — but also do not respond impulsively. Here is what you should do:

1. Read it carefully — understand exactly what is being demanded and on what legal basis
2. Do not respond immediately — anything you say in response can be used against you in subsequent litigation
3. Contact an attorney — before responding or taking any action, have an attorney evaluate the merits of the claims being made against you
4. Preserve relevant evidence — do not delete emails, files, or records that may be relevant to the dispute
5. Assess your options — depending on the strength of the claims, your options may include complying fully, negotiating a resolution, disputing the claims, or simply monitoring the situation

Ignoring a cease and desist letter does not make it go away — it typically results in litigation. However, complying with every demand in a letter without legal review is also unwise, as some demands may be overstated or legally unfounded. An attorney can assess which demands are legitimate, which can be negotiated, and what your actual legal exposure is.

Cease and Desist Letter FAQ

What is the difference between a cease and desist letter and a cease and desist order?

A cease and desist letter is a private written demand from one party to another — it carries no automatic legal authority. A cease and desist order is issued by a court or government agency and is legally binding. Violating a court-issued cease and desist order can result in contempt of court. The letter is typically the first step before seeking a court order if the conduct does not stop.

Does receiving a cease and desist letter mean I will be sued?

Not necessarily. Many cease and desist letters resolve disputes without litigation — the recipient stops the offending conduct and the matter ends there. However, a cease and desist letter is a serious legal notice and signals that the sender is prepared to escalate. If you receive one, you should treat it seriously and consult an attorney to evaluate your options and exposure.

Can I send a cease and desist letter without an attorney in Texas?

Yes. There is no legal requirement that an attorney send a cease and desist letter. However, a letter from an attorney is far more likely to be taken seriously and to achieve the desired result. An attorney also ensures the legal basis for the demand is accurately stated and that the letter does not contain overreaching claims that could expose you to liability or undermine a future lawsuit.

How quickly does a cease and desist letter work?

There is no guaranteed timeframe. Some recipients comply immediately, some negotiate, and some ignore the letter entirely. The standard deadline given in a cease and desist letter is 10 to 14 days, though urgent situations such as active trademark infringement or ongoing defamation may warrant a shorter window. If the deadline passes without compliance, the next step is typically filing a lawsuit or seeking an emergency injunction.

Can a cease and desist letter be used as evidence in court?

Yes — and this is one of its key functions. A cease and desist letter establishes that the recipient was on notice of the alleged violation. In trademark cases, for example, it supports a finding of willful infringement if the conduct continues after receipt. In defamation cases, it establishes actual malice if the false statements continue after notice. The letter and any response become part of the evidentiary record in subsequent litigation.